Ram Babu vs Arvind Singh Hyanki & Others

Manoj Kumar Tiwari, J

This contempt petition has been filed alleging wilful disobedience of the order dated 10.11.2016 passed in WPPIL No. 222 of 2014. The relevant

extract of the said order dated 10.11.2016 is reproduced below:-

“The aggrieved parties are directed to make their representation against the inquiry report submitted by the Commissioner, Kumaon. It shall be

open to the aggrieved parties to raise their objections under Sections 14, 16, 83 and 25 (1) of Municipal Corporation Act, 1916 within a period of three

weeks from today. The Secretary, Urban Development shall take into consideration the objections so raised by the aggrieved parties and, thereafter,

pass a detailed speaking order within a period of three months thereafter.

The writ petition is disposed of accordingly.â€​

In the contempt petition, it is alleged that although petitioner had made representation against the Commissioner’s report to the Secretary, Urban

Development, but no decision has been taken thereupon. However, Mr. J.S. Bisht, learned Standing Counsel for the opposite parties disputes this

submission made on behalf of the petitioner and he has produced 17 orders passed by Secretary, Urban Development on 20.09.2018. The same shall

be kept on record.

Since the only direction issued by the Division Bench of this Court was to the Secretary, Urban Development to take decision on the representation

submitted by the petitioner and such decision has been taken, as per the documents produced by learned Standing Counsel, therefore, in the humble

opinion of this Court, nothing survives in this contempt petition.

Accordingly, contempt petition is closed. Notices issued to the opposite parties are hereby discharged.